ICIP WORKSHOP PARTICIPATION DEED
By ticking the box, you agree to the following Deed between:
The Returning Indigenous Corporation (The Organiser)
and you (the participant)
THE PARTIES AGREE AS FOLLOWS:
Participation in workshop
The Participant will take part in programs organised by The Returning Indigenous Corporation
Copyright ownership
The facilitator/Cultural worker owns the copyright to any material created by the facilitator/Cultural worker. The Organisation or Participant does not own copyright to the Material as a result of the Participant’s participation in the Workshop.
Licence
The Facilitator grants the Organiser an exclusive royalty free licence to perform, publish, reproduce and communicate the Material for the period of one month from the end date of the Workshop (Licence Period) throughout the world.
Recordings
The Participant authorises the Organiser to make any audio or visual (photos or videos) recording of any of the Participant’s performance in relation to the Workshop (Sound Recording or Audio-visual Recording or Photographer) during the time of the program.
The Participant agrees that they will be respectful of artists and cultural workers and their privacy during the Workshop and that filming and taking photographs of the Workshops by participants is not permitted unless asked. The Organiser has sought permission from the Artists or Facilitators to document the Workshops and will be liaising with the artists to ensure that their ICIP is respected in the communication of any documentation.
Moral rights
For any performance or workshop of the Material during the Licence Period:
the Participant agrees not to be attributed individually as the author of the Material; and
the Organiser will acknowledge that the Material was created collaboratively by the facilitator and cultural worker, all material created will be created to the creator.
Disputes
If a dispute or disagreement arises between the parties in connection with this agreement (Dispute), neither party may start any litigation or arbitration in relation to the Dispute until the parties have mediated the dispute according to the Arts Law Centre of Australia Mediation guidelines.
Governing law and jurisdiction
This agreement is governed by the law in force in 🞴 [STATE OF RESIDENCE OF THE PARTICIPANT]🞴. The parties submit to the jurisdiction of the courts of that State and any court competent to hear appeals from those courts.
Indigenous Cultural and Intellectual Property (ICIP)
10.1. The Participant agrees that the Workshop may disclose or involve the use of ICIP.
10.2. The Participant acknowledges and agree:
a) Aboriginal or Torres Strait Islander or Indigenous communities are the custodians of their ICIP and have an interest in protecting their ICIP from exploitation that is contrary to their customary laws;
b) To respect all ICIP involved in the Workshop, not use the ICIP for commercial use, and to make all reasonable endeavours to comply with any other restrictions on using and dealing with ICIP communicated to them.
c) To include the following ICIP notice or a similar notice in connection with the promotion of your participation in the Workshop and Material (eg. posting images of the Material on your personal social media pages);
The images embody traditional ritual knowledge of the [name] community. It was created with the consent of the custodians of the community. Dealing with any part of the images for any purpose that has not been authorised by the custodians is a serious breach of the customary laws of the [name] community.”
and
d) Not to display or use any Material in a context that might be considered by an Aboriginal or Torres Strait Islander community to be inappropriate, derogatory, degrading or offensive.
10.3. The Parties acknowledge that in the event of an Aboriginal or Torres Strait Islander artist’s death, the subsequent display of their likeness may be culturally inappropriate and that, upon notification of the artist’s death and receipt of a request to do so from a member of the Artist’s family, the Participant agrees to remove any likeness or images of the deceased artist from any promotional material or publication under the management or control of the Participant, to the extent that is reasonably practical.
10.4. Nothing in this Deed transfers or excludes any applicable cultural rights in favour of Australian Indigenous people that may be implemented under Australian law.
General Liability Waiver
BETWEEN
Participants / Facilitators / Volunteers of any of The Returning programs or Events (The "Releasor")
AND
The Returning Indigenous Corporation of 53-55 Burringbar Street, Mullumbimby (The "Releasee")
In consideration of the covenants and agreements contained in this Release and other good and valuable considerations, the receipt of which is hereby acknowledged, the parties to this Release agree as follows:
The Releasor releases and forever discharges the Releasee for any damage, loss or injury to person or property which has been sustained over the time in our program.
The Releasor agrees to not make a claim or take proceedings against The Returning Indigenous Corporation which might claim contribution or sure or seek compensation.
This Release will be construed in accordance with and government by the laws of the State of New South Wales.
Please note that by purchasing this ticket you are consenting to radical responsibility and autonomy while you are with us out on country. You will be responsible for your own health and safety while on country.
By ticking the box, you agree to the above Deed.